ATUL KUMAR Vs. NATIONAL INSURANCE COMPANY

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 29. 04. 2016, passed by the Haryana State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in First Appeal No. 61/2016, "Atul Kumar Gupta versus National Insurance Co. & Ors. ", vide which, while partly allowing the said appeal, the order dated 29. 12. 2015, passed by the District Forum Bhiwani in consumer complaint no. 31/2011, filed by the present petitioner, allowing the said complaint, was modified.

(2.) Briefly stated, the facts of the case are that the petitioner/complainant is the owner of a Tata 1109 truck, bearing registration no. HR61 4853, which was insured with the opposite party (OP), the National Insurance Co. for the period 30. 06. 2006 to 29. 06. 2007. The said truck met with an accident on 2 1 2006 and suffered damage. Upon intimation, the Insurance Company deputed a surveyor who submitted his report on 26. 1 2006. On the other hand, the petitioner/complainant got an estimate prepared for the repair of the vehicle, which was to the tune of Rs. 2,34,000/-. The complainant requested the Insurance Company to pay the claim as per the said assessment. However, since the claim was not paid, the complainant filed a consumer complaint before the District Forum, which was decided on 06. 07. 2010 and as per the order passed by the said Forum, the complainant was directed to submit documents to the Insurance Company within 15 days of the receipt of certified copy of the order of the Forum and the OP Insurance Company was directed to settle the claim within two months of the receipt of such documents. The Insurance Company settled the claim at Rs. 34,950/- and a cheque for the said amount was sent to the complainant at his home address. However, the complainant represented to the Insurance Company to pay him the entire amount of Rs. 2,34,200/- alongwith interest @18% p. a. from the date of the complaint till realisation. Since the Insurance Company did not accede to his request, the consumer complaint no. 31/2011 was filed before the District Forum, seeking directions to the Insurance Company to release the amount of Rs. 2,34,200/- after deducting a sum of Rs. 34,950/-, which had already been received by the complainant from the Insurance Company, alongwith interest @24% p. a. from the date of institution of the complaint. A further sum of Rs. 1 lakh as compensation and more compensation on various grounds was also demanded.

(3.) The complaint was resisted by the Insurance Company by filing a written statement before the District Forum, in which they submitted that the complainant had not submitted the requisite documents to the insurance company. The said company had rightly decided the claim, based on the documents submitted before them and keeping in view the report of the surveyor appointed by them. The District Forum vide their order dated 0 06. 2014, dismissed the said complaint, saying that they had no territorial jurisdiction to entertain the complaint, as no cause of action, wholly or in part, had arisen in District Bhiwani. Being aggrieved against the order of the District Forum, the complainant challenged the same by way of an appeal before the State Commission. Vide order dated 04. 02. 2015, the said appeal was accepted and the matter was remanded to the District Forum Bhiwani to decide the complaint afresh, in accordance with law.